TaiLexi AI U.S. Case Law

Coughnet v. Eastenbrook

Coughnet and others against Eastenbrook

Coughnet v. Eastenbrook, 11 Johns. 532 (N.Y. Sup. Ct. 1814)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Supreme Court · State Trial Courts
Decided
October 15, 1814
Citations
11 Johns. 532
Headnotes
if a return to state thatThe beibreWaSjuryt and that the jury retired to consider of their verdict, without stating %ab'u a awas tend them, the be'fatai' for ft piied0t by timdment.
Summary
IN ERROR, on certiorari, from a justice’s court. Eastenhroolc sued Coughnet, and others, before the justice, and declared uPon a Dote or agreement to pay him a certain sum per month, for his services as a soldier, &c. One of the defendants, 7 7 Coughnet, only was taken. The return was very short, and ° ’ / . , , . , . J ’ , stated that the cause was tried by jury ; that it was submitted to them, and, after having retired, the jury returned with a verdict in favour of the plaintiff, for fourteen dollars and costs> uPon which a judgment was entered. Nothing was men-^one(^ an7 constable attending the jury, nor any thing from which it could be inferred, that such was the fact. Several other objections were also made.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The return is very imperfect, and injustice may, perhaps, be done for want of a more perfect statement of the proceedings below. The case of Van Doren v. Wilcox, (2 Caines’ Rep. 373.) is in point, to show, that if it appear from the return that the jury retired, and nothing is said about a constable’s being sworn to attend them, it is a fatal omission, not to be supplied by intendment. This objection cannot be surmounted ; it grows out of the positive direction of the statute, that a constable shall be sworn to attend the jury. This is not an omission or misrecital of an oath merely, so as to bring th© case within the proviso to the 17th section of the act. (1 N. R. L. 397.)

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1831–1832: 11851–1852: 11897–1898: 11901–1902: 11933–1934: 118312026peak 1831 · 1

Relies on it most ⓘ

  1. Cahill v. Delaney68 N.Y.S. 842 (1901)
  2. Fulton v. Yuill24 Misc. 285 (1898)
  3. Douglass v. Blackman14 Barb. 381 (N.Y. Sup. Ct. 1852)
  4. LeBlanc v. Newby147 Misc. 26 (1933)
  5. Gibson v. Seymour3 Vt. 565 (1831)

Most recent

  1. LeBlanc v. Newby147 Misc. 26 (1933)
  2. Cahill v. Delaney68 N.Y.S. 842 (1901)
  3. Fulton v. Yuill24 Misc. 285 (1898)
  4. Douglass v. Blackman14 Barb. 381 (N.Y. Sup. Ct. 1852)
  5. Gibson v. Seymour3 Vt. 565 (1831)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list